Quickley v Pelissier

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QUICKLEY

v

PELISSIER

[2016] HCASL 299
P39/2016

  1. The application does not raise any reason to doubt the correctness of the decision of the Full Court of the Family Court of Australia.  Special leave should be refused.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
16 November 2016
S.J. Gageler
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Details
Case
[2016] HCASL 299
Decision Date

CaseChat Overview and Summary

Quickley v Pelissier was a case decided by the High Court of Australia, involving an application for special leave to appeal against a decision of the Full Court of the Family Court of Australia. The underlying dispute was a family law matter concerning child-related issues. The applicant, Quickley, sought special leave to appeal a decision made by the Full Court that had dismissed an appeal he had previously brought against an earlier decision of the Family Court of Australia.

The legal issues in the case centred around the correctness of the Full Court's decision and whether there were grounds to doubt its correctness, which would warrant the High Court granting special leave to appeal. Specifically, the court had to consider whether the appeal to the Full Court was frivolous or vexatious, and whether there were any substantial grounds for the appeal.

In dismissing the application, the High Court found that the Full Court's decision was sound and did not contain any errors that would justify a review by the High Court. The court noted that there were no reasons provided by the applicant that would cast doubt on the correctness of the Full Court's decision. Consequently, the High Court concluded that special leave to appeal should be refused.

The final orders of the court were to dismiss the application for special leave to appeal and direct the Registrar to prepare an order to that effect, in accordance with the relevant rule of the High Court.

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Ratio Decidendi

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